The Hon. Mr. Justice David Batts

Contract – Whether Defendant negligently supplied poured and finished concrete surface- Whether pour was done against defendant’s advice- Whether Claimant to blame for condition of pour- Evidence – Witness unable to read – Witness statement was not read over to him before it was signed - Whether witness to be allowed to give oral evidence in chief.

Land – Owners hold as tenants in common – 2nd Defendant is part owner in possession who made improvements – Property sold - Whether proceeds of sale to be divided in accordance with an agreement between the co-owners - Whether claim barred by Limitation of Actions Act - Whether one co-owner’s investment in the land bars recovery of equal share by the other co-owners.

Negligence – Motor vehicle accident – Vicarious liability – Whether 1st Defendant’s actions within the course of employment – Car keys handed to 1st Defendant by 2nd Defendant - Frolic- Whether 2nd Defendant liable – Damages - Whiplash.

Forfeiture of Assets – Application for Interim Order – Claim filed twice with same number - Whether service of second filed claim valid - Affidavit pre-dates claim and application which were served - Whether valid - Delay in making application - Application inter partes - Whether honest belief reasonably held that Defendants likely to dissipate assets - Whether evidence in support of application sufficient - Whether Act has retroactive effect.

Assessment of Damages - Endocrinology test – Misdiagnosis due to erroneous results – Anxiety - Damages.

Assessment of Damages - Heavy object falling, injury to knee - Whether loss of earning capacity payable although Claimant in the Public Service – General Damages

Negligence – Identification – Burden of proof on claimant

Tort – Negligence – Trench left uncovered and unmarked on roadway – Whether injury reasonably foreseeable – unless order- whether party in breach for failing to file a witness statement if they intend to call no witness – Damages.

Judgment on liability by Consent – Apportioned at 50% -Assessment of damages – Medical reports agreed – inconsistent findings – Observations on duty of Counsel – Damages.

Request for information -Specific disclosure - Civil Procedure Rules 34.1 and 28.6(5) - Whether disclosure of company minutes would erode free and candid discussions - Whether material sought too voluminous - Security for costs – Civil Procedure Rules 24.2(1) – Claimant resident outside jurisdiction - Ancillary Claimant resident in Jamaica - Claimant assetless –Whether security for costs order appropriate .